Narrative Opinion Summary
Appellant sought an injunction against domestic violence and is appealing a portion of the trial court's order that mandated her attendance at a batterer’s intervention program. The court found that section 741.30 of the Florida Statutes (2007) does not permit a trial court to impose such a requirement on a petitioner. Consequently, the court vacated the order requiring attendance at the program and remanded the case with instructions to remove this requirement from the order. The decision was concurred by Judges Kahn, Webster, and Roberts.
Legal Issues Addressed
Injunctions Against Domestic Violencesubscribe to see similar legal issues
Application: The appellant sought legal protection through an injunction against domestic violence.
Reasoning: Appellant sought an injunction against domestic violence and is appealing a portion of the trial court's order that mandated her attendance at a batterer’s intervention program.
Judicial Authority in Modifying Orderssubscribe to see similar legal issues
Application: The appellate court vacated the order requiring the appellant to attend the program and remanded the case for modification of the order to remove this requirement.
Reasoning: Consequently, the court vacated the order requiring attendance at the program and remanded the case with instructions to remove this requirement from the order.
Statutory Interpretation of Florida Statutes Section 741.30subscribe to see similar legal issues
Application: The court interpreted section 741.30 of the Florida Statutes to determine that it does not authorize the imposition of a batterer’s intervention program requirement on a petitioner.
Reasoning: The court found that section 741.30 of the Florida Statutes (2007) does not permit a trial court to impose such a requirement on a petitioner.